Last updated: February 2, 2021
Key Terms
Tobacco Sponsorship
The law does not contain a definition of "tobacco sponsorship." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of “tobacco sponsorship” should be provided in accordance with the definition provided in FCTC Art. 1(g).
Any form of contribution to any event, activity, or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use directly or indirectly. (FCTC Art. 1(g))
Tobacco Advertising and Promotion
“Advertising” means information which is made public in any generally perceived form for a charge or without charge for the purpose of increasing the provision of services or the sale of goods, promoting an event or directing the conduct of a person in public interests.
The Advertising Act governs all advertising, including advertising of tobacco, and therefore contains a general definition of “advertising” rather than a definition of “tobacco advertising.” The definition of “advertising” (taken with the substantive provision that bans advertising of tobacco products in the Tobacco Act) aligns with the intent of the definition of “tobacco advertising and promotion” contained in FCTC Art. 1(c).
Any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. (FCTC Art. 1(c))
Tobacco Product
“Tobacco products” mean products for the purposes of smoking, chewing, sucking or sniffing, inasmuch as they are, even partly, made of tobacco.
The definition of “tobacco products” contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
